NJ DEPARTMENT of ENVIRONMENTAL PROTECTION<\/b>
\nEnvironmental Regulation
\nBureau of Release Prevention, Toxic Catastrophe Prevention Act Program<\/p>\n
Notice of Rule Proposal<\/strong> Public Notice<\/b> is proposing amendments to N.J.A.C.\u00a0 7:31-1.5, 3.3, 3.4,<\/p>\n 4.2, 4.9, 4.11, and 11.4 and new rules at N.J.A.C. 7:31-3.6<\/p>\n and 4.12.\u00a0 A statement of the proposal follows:<\/p>\n The Toxic<\/p>\n Catastrophe Prevention Act (TCPA), N.J.S.A. 13:1K-19 through<\/p>\n 31, and rules require facilities handling extraordinarily<\/p>\n hazardous substances (EHSs) at or above established threshold<\/p>\n quantities to anticipate the circumstances that may result<\/p>\n in a release and take the necessary steps to minimize the<\/p>\n risk of occurrence of the release. Currently, owners or operators<\/p>\n constructing a new Program 3 covered process must perform<\/p>\n an evaluation of Inherently Safer Technology (IST).\u00a0 The<\/p>\n Department is proposing to amend the TCPA rules to expand the<\/p>\n requirements relating to inherently safer technologies (ISTs)<\/p>\n to apply to both Program 2 and Program 3 covered processes<\/p>\n and to make these requirements applicable to both existing<\/p>\n and new processes, rather than to just newly designed and constructed<\/p>\n Program 3 covered processes. The proposed rule amendments and<\/p>\n new rules will require all TCPA facilities to conduct an IST<\/p>\n review with provisions for documenting the review, recommendations,<\/p>\n submittal to the Department, updates of the review, and associated<\/p>\n penalties.\u00a0 These amendments will enhance the TCPA program<\/p>\n by requiring regulated facilities to perform an IST review<\/p>\n to identify alternatives to eliminate or reduce the risk of<\/p>\n an EHS release.\u00a0 Implementation of these alternatives<\/p>\n will serve to reduce the potential consequences or likelihood<\/p>\n of a release to the facility\u2019s surrounding community.<\/p><\/blockquote>\n The proposal is scheduled to be published in the New Jersey<\/p>\n Register dated April 16, 2007.\u00a0 A copy of the proposal<\/p>\n is available from: the Department<\/a> (PDF)<\/span>;<\/p>\n
\nToxic Catastrophe Prevention Act Program, Inherently Safer Technology Review<\/p>\n
\nTake notice that the NJ Department of Environmental Protection<\/p>\n